Unusable for. real estate agency real estate broker acting his own account real estate agency real estate broker acting on his own account.

Transcription

1 NOTE As of Jnury 1, 2015, this m is to be used when brokerge contrct is signed with nturl person. 1. IDENTIFICATION OF THE PARTIES IDENTIFICATION OF THE AGENCY OR THE BROKER NAME OF AGENCY OR BROKER NAME OF AGENCY OR BROKER rel estte gency rel estte broker cting his own ccount rel estte gency rel estte broker cting on his own ccount ADDRESS OF ESTABLISHMENT, TELEPHONE NUMBER, REPRESENTED BY LICENCE NUMBER crrying on ctivities within the following business corportion : crrying on ctivities within the following business corportion : NAME OF BUSINESS CORPORATION IDENTIFICATION OF THE SELLER NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 1 AND REPRESENTATIVE, IF APPLICABLE 1.1 The identity of the SELLER ws verified using the following document : (hereinfter clled the AGENCY or the BROKER ). (hereinfter clled the SELLER ). MANDATORY FORM AS OF JANUARY 1, 2015 EXCLUSIVE BROKERAGE CONTRACT SALE MOBILE HOME SITUATED ON LEASED LAND LICENCE NUMBER NAME, ADDRESS, TELEPHONE NUMBER AND OF SELLER 2 AND REPRESENTATIVE, IF APPLICABLE SELLER 1 or his REPRESENTATIVE SELLER 2 or his REPRESENTATIVE Driver s licence Medicre crd Driver s licence Medicre crd Permnent Resident Crd Pssport Permnent Resident Crd Pssport Cndin citizenship crd Birth certificte from civil registry Cndin citizenship crd Birth certificte from civil registry REFERENCE NUMBER ADDRESS OF ESTABLISHMENT, TELEPHONE NUMBER, REPRESENTED BY NAME OF BUSINESS CORPORATION REFERENCE NUMBER PLACE OF ISSUANCE EXPIRY PLACE OF ISSUANCE EXPIRY Dte of birth: YEAR MONTH Profession or principl ctivity: DAY Dte of birth: YEAR MONTH Profession or principl ctivity: DAY 1.2 If the SELLER is represented, indicte: Nture of reltionship between SELLER 1 nd his representtive: RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION) Nture of reltionship between SELLER 2 nd his representtive: RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION) 1/8

2 For SELLER 1, indicte: For SELLER 2, indicte: Dte of birth: Dte of birth: YEAR MONTH DAY YEAR MONTH DAY Profession or principl ctivity: Profession or principl ctivity: 2. OBJECT AND TERM OF CONTRACT 2.1 The SELLER retins the exclusive services of the AGENCY or the BROKER to mrket the hereinfter described mobile home plced on chssis, with or without permnent foundtion, nd rech greement its sle. This contrct expires t 11:59 p.m.. Filing stipultion s to the dte of expiry, this contrct shll expire 30 dys fter its mking. Unless otherwise stipulted in cluse 11.1, this contrct cn be terminted. 3. SUMMARY DESCRIPTION OF THE MOBILE HOME 3.1 The mobile home is described s follows: Brnd: Yer: Are: (hereinfter referred to s MOBILE HOME ). It is locted on lesed lnd owned by Seril number: Dimensions (no ttchment): nd described s follows: LOCATION NUMBER STREET CITY PROVINCE POSTAL CODE CADASTRAL DESCRIPTION DIMENSIONS (hereinfter referred to s LAND ). 4. PRICE AND TERMS OF SALE 4.1 The sking sle price is: dollrs ($ ). 4.2 Existing lons: m which re secured by movble hypothec without delivery or n immovble hypotec, or both. The costs relting to the repyment of this lon nd to the cncelltion of ny hypothec shll be borne by the SELLER. The costs relting to repyment include ny penlty pyble erly repyment. 4.3 INCLUSIONS Included in the sle re the following items: ft AREA m 2 ft 2 which re sold without legl wrrnty of qulity, t the buyer s own risk, but must be in working order t the time of delivery of the MOBILE HOME. 2/8

3 4.4 EXCLUSIONS Excluded from the sle re the following items: 4.5 Service nd lesing contrcts relting to the LAND, pplinces nd equipment to be ssumed by the buyer: 1 For the lesing of the LAND ) the rent requested the LAND on which the MOBILE HOME is locted is: dollrs ($ ) per week per month other:, totl mount of ($ ) the full term of the lese, if it is fixed term lese. b) Lese term of LAND:. c) Inclusions provided in the lese: d) Exclusions provided in the lese: e) Indicte below, service chrges or txes tht shll be borne by the buyer concerning the LAND (snow removl contrct, wter tx, etc.): 2 For pplinces nd equipment: 4.6 Items covered by n instlment sles contrct, tril sles contrct, sles contrct with right of redemption, sles contrct with resolutry cluse or lesing contrct, nd obligtions of the SELLER to be ssumed by the buyer: dollrs 5. SIGNING OF THE DEED OF SALE AND OCCUPANCY 5.1 Dte or time frme the signing of the deed of sle: 5.2 Dte or time frme occupncy: 3/8

4 6. INFORMATION LISTING SERVICES 6.1 The SELLER uthorizes the AGENCY or the BROKER to send the inmtion relting to the MOBILE HOME contined in this contrct nd the nnexes thereto, without dely nd ccording to generlly ccepted prctices, including ll interior nd exterior photogrphs of the MOBILE HOME, to subscribers of inmtion listing services gencies nd brokers listed below: including the purpose of mrketing the MOBILE HOME nd estblishing comprbles nd sttistics. OR The SELLER cknowledges hving been inmed of his right to use inmtion listing service nd hving wived his right to do so. 6.2 The AGENCY or the BROKER shll begin the mrketing of the MOBILE HOME nd the permnce of this brokerge contrct only once the MOBILE HOME is listed on these services, unless written instructions to the contrry given by the SELLER. 7. REMUNERATION (PLUS TAXES) 7.1 The SELLER shll py to the AGENCY or the BROKER, in the cses provided in 1, 2, 3 nd 4 of this section, remunertion of: percent ( %) of the sle price or of the price stipulted in 4.1, in the cse provided in 4 ; OR lump sum of: dollrs ($ ); 1. except if no deed of sle is signed through the MOBILE HOME buyer s fult or the LAND lessor s fult, where n greement concerning the sle of the MOBILE HOME is ccepted during the term of this contrct, whether through the AGENCY or BROKER or not, nd ll conditions thereof re fulfilled, except the signing of the deed of sle; or 2. where promise to purchse conming to the conditions of sle provided in this brokerge contrct is submitted to the SELLER during the term of this contrct nd the SELLER refuses it; or 3. where sle tkes plce within 180 dys following the expiry dte of this contrct with person who ws interested in the MOBILE HOME during the term of this contrct, unless, during this period, the SELLER concluded in good fith with nother gency or nother broker contrct stipulted to be exclusive the sle of the MOBILE HOME; or 4. where the SELLER voluntrily prevents the free permnce of this contrct. 7.2 Any tx tht my be imposed s result of services rendered by the AGENCY or the BROKER shll be dded to the remunertion provided in this contrct nd shll be pid by the SELLER to the AGENCY or the BROKER in ccordnce with pplicble tx provisions. 7.3 The SELLER recognizes the AGENCY s or the BROKER s right to shre its remunertion with nother gency or nother broker collborting in the, even though such gency or broker hs no link with the SELLER. The AGENCY or the BROKER shll be deemed to hve ssigned ll or prt of its clim to collborting gency or broker s of the dte of cceptnce of the greement the sle of the MOBILE HOME, ll conditions of which hving been fulfilled, except the signing of the deed of sle. 7.4 The AGENCY or the BROKER shll collborte with ny other gency or broker who so requests, including by shring its remunertion, ccording to the following conditions, in order to ensure the successful completion of the referred to in this contrct. In this regrd, shred remunertion terms tht re unresonble towrds other gencies or brokers could reduce their interest in proposing the MOBILE HOME to their clients. Consequently, in the event where n gency or broker collbortes in the, the AGENCY or the BROKER undertkes to py, from the sum due to him under this contrct: percent ( %) of the sle price; OR sum of: dollrs 4/8 ($ ).

5 7.5 The AGENCY or the BROKER shll not clim remunertion from the SELLER in the following cses: 1. if the AGENCY or the BROKER cquires n interest in the MOBILE HOME, or if the broker representing the AGENCY the purpose of this contrct cquires n interest in the MOBILE HOME: ) himself; b) prtnership or legl person controlled by him. OR 2. if one of the following persons cquires the MOBILE HOME: ) the mrried, civil union or de fcto spouse of the BROKER or of the broker representing the AGENCY; b) legl person or prtnership controlled by the mrried, civil union or de fcto spouse of the BROKER or of the broker representing the AGENCY. 8. DECLARATIONS AND OBLIGATIONS OF THE SELLER OF THE MOBILE HOME The m Declrtions by the Seller of the Immovble is to be used to supplement this m. 8.1 The SELLER declres tht: 1. he is the sole owner of the MOBILE HOME nd sole lessee of the LAND or is duly uthorized to sign this contrct nd to ccept ny greement the sle of the MOBILE HOME; 2. he did not sign, with nother broker or gency, brokerge contrct the sle, exchnge or lese of the MOBILE HOME or the sublese of the LAND, tht the MOBILE HOME is not the subject of n greement to sell, exchnge or lese it, or of pre-emptive right in fvour of third prty nd tht the LAND is not the subject of n greement to sublese it; 3. he is Cndin resident within the mening of the Income Tx Act nd the Txtion Act nd does not intend to chnge this residence, otherwise the tx provisions concerning the issunce of certificte or the withholding of portion of the sle price shll be pplied. 8.2 During the term of this contrct, the SELLER undertkes not to, directly or indirectly: 1. offer the MOBILE HOME sle or sublese the LAND or ssign the lese by himself or through person other thn the AGENCY or BROKER; 2. become prty to n greement to sell, exchnge or lese the MOBILE HOME or to sublese or ssign the lese of the LAND without the intermediry of the AGENCY or BROKER. 8.3 The SELLER shll supply to the AGENCY or the BROKER, s soon s possible, the following documents in his possession: purchse contrct nd ny other title of ownership, inspection report nd ny other expert report, tx sttements nd receipts, insurnce documents, by-lws of the mobile home prk, LAND lese, documents pertining to pplinces nd equipment, wter nlysis, soil nlysis, environmentl report, pln, movble property inventory, service nd employment contrcts, permit, proxy nd, generlly, ny document concerning the MOBILE HOME, including ny tht my be required djustment purposes t the time of the sle. 8.4 The SELLER shll supply, if pplicble, to the AGENCY or the BROKER, s soon s possible, ll lon documents pertining to the MOBILE HOME nd the deeds of lon nd hypothecry rights, including ny penlty relted thereto. 8.5 If the MOBILE HOME is used s fmily residence by the SELLER nd the lesed LAND is the site on which the home is estblished, or if required by his mritl sttus, the SELLER shll remit to the AGENCY or the BROKER, either document evidencing his spouse s consent nd, where pplicble, his spouse s concurrence, nd n undertking by the ltter spouse to intervene the sme purposes in the notril deed of sle, nd, if pplicble, copy of the judgment uthorizing him to ssign his lese or to terminte it without his spouse s consent nd concurrence. 8.6 The SELLER undertkes to notify the lessor of the LAND, immeditely fter cceptnce of the promise to purchse, of the sle of the MOBILE HOME. 8.7 The SELLER shll keep the AGENCY or the BROKER inmed of ny chnge in his finncil sitution or ny sitution tht could compromise the permnce of this contrct, including concerning his mritl sttus. 8.8 The SELLER gives the AGENCY or the BROKER the exclusive right: 1. to show the MOBILE HOME t ny resonble time, with ny ppointment being rrnged directly with the occupnt of the premises. The AGENCY or the BROKER my llow other gencies or brokers to exercise this right in whole or in prt; 2. subject to the restrictions set out in 11.1 or ny nnex ming prt of this contrct, nd subject to ny regultions, including by-lws of the mobile home prk to use ny dvertising nd ny signge he considers pproprite. The AGENCY or the BROKER my llow other gencies or brokers to exercise tht right in whole or in prt. For this purpose, the SELLER grees to tke ll the necessry steps with the lessor or the mnger of the mobile home prk. 8.9 The SELLER grees to supply the prospective buyer with vlid title of ownership nd with the titles in his possession. 5/8

6 9. OBLIGATIONS OF THE AGENCY OR THE BROKER 9.1 In ccordnce with generlly ccepted prctices, the AGENCY or the BROKER undertkes; 1. to perm the object of this contrct loylly, diligently nd competently; 2. to submit to the SELLER, s soon s possible, ny written promise to purchse received regrding the purchse, lese exchnge of the MOBILE HOME; 3. to mke the usul verifictions, including regrding the inmtion contined in ny document used to describe the MOBILE HOME nd the LAND; 4. to send to the SELLER without dely copy of ny document contining the inmtion used to describe the MOBILE HOME referred to in this brokerge contrct nd the LAND; 5. to perm ny norml mrketing ctivity; 6. not to use the word sold in ny dvertising, including dvertising sign, unless greement the sle of the MOBILE HOME hs been ccepted nd ll the conditions, except the signing of the deed of sle bee notry, hve been fulfilled. It is understood tht ny sign posted on the LAND on which the MOBILE HOME is situted shll be removed s soon s this contrct expires; 7. to inm the SELLER in writing, without dely, of ny interest tht this AGENCY or this BROKER plns to cquire in the MOBILE HOME referred to in this contrct nd, bee submitting proposl, to terminte this contrct; 8. to inm the SELLER in writing, without dely, tht he is lso representing the prospective buyer of the MOBILE HOME, remunertion, where brokerge contrct with the buyer exists; 9. to inm the SELLER in writing, without dely, ny remunertion greement tht could conflict with the interests of the SELLER; 10. to disclose to the SELLER in writing, without dely, the identity of ny person or prtnership owing him ny remunertion in ccordnce with n greement disclosed under sub-section 9, the nture of the reltionship with such person or prtnership, nd the nture of the remunertion owed, if it is non-monetry benefit; 11. to use the inmtion contined in this brokerge contrct only in ccordnce with the terms nd conditions stipulted in the contrct or by lw; 12. to notify the SELLER in writing, without dely, in the following cses: ) if his licence is suspended or revoked, if he ceses his ctivities or if he is otherwise unble to continue to ct; b) where he is cting s AGENCY, if the broker representing the AGENCY with the SELLER ceses to ct this AGENCY or if the identity of the broker representing the AGENCY with the SELLER chnges; c) where he is cting s BROKER, whenever he ceses to ct on his own ccount. 13. to honour ny specific commitment mde in CHANGE AFFECTING THE AGENCY OR THE BROKER BOUND BY A BROKERAGE CONTRACT Cluses 10.1 nd 10.2 pply to the BROKER, even if this contrct is stipulted to be non-cncellble If the BROKER ceses to crry on brokerge ctivities on his own ccount to crry them on insted n gency, the SELLER my elect to continue to do business with the BROKER nd to be bound to the gency which the BROKER will crry on brokerge ctivities, by sending the BROKER notice to tht effect. The SELLER shll then be bound to the gency under the sme terms nd conditions s those provided in this contrct from the moment the BROKER begins to ct the gency. Should such notice not be sent by the dy on which the BROKER begins to crry on brokerge ctivities the gency, this contrct shll be terminted This contrct is deemed to be terminted when the BROKER ceses his ctivities or from the time his license is suspended or revoked. Cluses 10.3 nd 10.4 pply to the AGENCY, even if this contrct is stipulted to be non-cncellble If the broker referred to in this contrct s the AGENCY s representtive ceses to crry on brokerge ctivities the gency to crry them on insted on his ccount or nother gency, the SELLER my elect to continue to do business with the broker or with the AGENCY in ccordnce with this contrct, by sending the AGENCY notice stting his choice no lter thn the dy on which the broker ceses to crry on ctivities the AGENCY. If the SELLER elects to continue to do business with the broker, this contrct shll be terminted on the dte on which the broker ceses to crry on ctivities the AGENCY. The SELLER shll then be bound to the BROKER or other gency which the BROKER now crries on ctivities, s the cse my be, under the sme terms nd conditions s those provided in this contrct. Should the notice required under the first prgrph not be sent, this contrct shll be terminted Except on contrry notice from the SELLER, or should the broker referred to in this contrct s the AGENCY s representtive cese to crry on ctivities, if the AGENCY ceses to crry on its ctivities, this contrct shll be terminted on the dte on which the AGENCY ceses its ctivities, nd the SELLER shll then be bound to the broker now crrying on ctivities on his ccount or, s the cse my be, to the gency which the broker now crries on ctivities, under the sme terms nd conditions s those provided in this contrct. In cse of notice to the contrry or if the BROKER completely ceses his ctivities, this contrct shll be terminted on the dte on which the AGENCY ceses its ctivities. 6/8

7 11. OTHER DECLARATIONS AND CONDITIONS ANNEXES 12.1 The provisions set th in the Annex Declrtions by the seller DS - nd those set th in the Annexes identified below m n integrl prt of this contrct, with ny modifiction tht the circumstnces require: Generl Annex AG- Remunertion nd Costs Annex RC- Other(s): The term IMMOVABLE used in these nnexes shll not be interpreted s qulifying the MOBILE HOME. 13. INTERPRETATION 13.1 Unless the context dicttes otherwise, the msculine m includes the feminine nd neutrl ms nd vice vers, nd the singulr includes the plurl nd vice vers This contrct nd the permnce thereof re governed by the lws of Québec. 14. CONCILIATION, MEDIATION AND ARBITRATION 14.1 In cse of dispute between the AGENCY or the BROKER nd the SELLER, the Orgnisme d utoréglementtion du courtge immobilier du Québec my ct s concilitor or meditor upon request by the prties. The OACIQ my lso rbitrte between the AGENCY or the BROKER nd the SELLER. 7/8

8 15. SIGNATURES The prties hve requested tht this m nd ll relted documents be drwn up in English only. Les prties ux présentes ont exigé que le présent mulire et tous les documents qui s y rttchent soient rédigés en nglis seulement. Section 28 of the Rel Estte Brokerge Act (R.S.Q., c. C-73-2) 28. Despite ny stipultion to the contrry, the client my terminte the contrct t the client s discretion within three dys fter receiving duplicte of the contrct signed by the two prties, unless the client hs written in its entirety nd signed wiver. The contrct is terminted by opertion of lw s of the sending or delivery of written notice to the BROKER or to the AGENCY. The AGENCY or the BROKER cknowledges hving red, understood nd greed to The SELLER cknowledges hving red nd understood this contrct, including ny this contrct, including ny Annexes thereto, nd hving received duplicte thereof. Annexes thereto, nd hving received duplicte thereof. Signed in, Signed in, SIGNATURE OF AGENCY OR BROKER Signed in, SIGNATURE OF AGENCY OR BROKER SIGNATURE OF SELLER 1 OR HIS REPRESENTATIVE Signed in, SIGNATURE OF SELLER 2 OR HIS REPRESENTATIVE INTERVENTION OF SELLER s SPOUSE The undersigned declres to be the spouse of the SELLER nd to consent to nd, where pplicble, concur in the cceptnce of this contrct, including ny Annexes thereto. Signed in, SIGNATURE OF SELLER s SPOUSE 8/8